Research On The Lawyer Investigation Order System In Civil Litigatio

The Civil Procedure Law guarantees that all parties enjoy equal litigation rights in civil litigation,and the parties collect evidence by various legal means in the process of litigation,which is a direct manifestation of their litigation rights.However,there are many reasons in practice,which make it very difficult for both parties to collect evidence,and it is difficult for the party in a disadvantaged position to collect evidence.The key evidence that determines the direction of the court trial is often only in the hands of one party,which in turn forms a major issue for the equal implementation of litigation rights obstacle.As an evidence collection system that strengthens the parties’ means of collecting evidence and the ability to collect evidence,maintains the neutrality of the court’s trial and relieves the pressure of the court’s case handling,the civil litigation lawyer’s investigation order system has been in place since 1998 when the Changning District People’s Court of Shanghai took the lead in carrying out a creative pilot.It has been widely promoted in courts all over the country,covering all stages of civil litigation,such as filing,trial and execution.However,the lawyer investigation order system established through the local exploration and practice of local courts has problems such as harsh application conditions,difficulty in obtaining evidence,and lack of relief measures.This paper takes the lawyer investigation order system as the research object,adopts normative analysis,empirical research,comparison and other research methods,focuses on the nature and function of the lawyer investigation order system in civil litigation,and conducts a practical analysis based on the operation of the domestic lawyer investigation order system.Summarizes the problems existing in the operation of the current civil litigation lawyer investigation order system,and proposes corresponding solutions.The full text includes four chapters:The first chapter is an overview.By studying the background of the establishment of the lawyer’s investigation order and the court’s exploration process in civil litigation,it explains the origin of the system,and focuses on analyzing the legal nature of the lawyer’s investigation order combining public power and private rights.And the lawyer’s investigation order has the institutional functions of guaranteeing the lawyer’s right to practice,ensuring that the parties can obtain evidence smoothly,and maintaining the neutral status of the court;the second chapter is the normative analysis,which clarifies the basic connotation of the lawyer’s investigation order system.A system in which the parties and their attorneys have difficulty in obtaining evidence for themselves under the constraints of external conditions,and analyzes the defects of the lawyer investigation order system at the normative level,such as the lack of standard issuance procedures,the unclear scope of the people under investigation,and the narrow scope of evidence that can be obtained;the third chapter is the practice investigation,which is about the practice of the trial lawyer investigation order system in local courts.The investigation of the current situation shows that the lawyer investigation order system has the dilemma of low application success rate,vague scope of evidence that can be obtained,and difficulty in obtaining evidence.The regulations are not clear,the person under investigation has a low degree of recognition of the lawyer’s order-holding investigation,the basis for punishment is unclear,and there is a lack of specific disciplinary measures;Chapter 4 is a suggestion for improvement.Starting from three aspects of building a punishment system,further optimizing the operation mode of the lawyer’s investigation order system,so that the lawyer’s investigation order system can better play its advantageous role.